N.Y. Debtor & Creditor Law § 178: Application for appointment of referee

§ 178. Application for appointment of referee. If such referee or

referees be not selected by agreement, then the trustees or the other

party to the controversy, provided no action at law is pending arising

out of any such debts or demands, may serve a notice of their intention

to apply to a judge of the court which appointed said trustees, or to

any justice of the supreme court at chambers, residing in the same

district with said trustees, for the appointment of one or more

referees, specifying the time and place when such application will be

made, which notice shall be served at least ten days before the time so

therein specified.